You must have a good reason to appeal a decision by the Fair Work Commission. Usually you only have a reason (‘grounds’) to appeal in 2 situations.
When you apply for permission to appeal, we ask you to explain your reasons.
For example, you may believe that the person who made the original decision:
- acted on the wrong part of the Fair Work Act 2009
- used irrelevant factors to guide the decision
- did not fully understand the facts
- did not consider an important piece of information.
1. An error of law
An error of law means:
- you believe the Commission did not have the power to deal with the original case
- you believe the Commission used the law incorrectly to make the decision.
If you believe there was a major legal error in the original case, you must prove this to the Full Bench.
2. An error of fact
An error of fact means:
- you believe the Commission made an error in the original decision because the evidence supported a different result.
The Members of the Appeals Bench do not consider whether they would have made a different decision with the same facts. They look at whether there was an error in how the Commission interpreted the facts.